1. ' GHULAM SARWAR KORAI, J.--- Suit for dissolution of marriage was filed by the present petitioner in the Court of learned Family Judge, Sukkur but the plaint was returned to petitioner by the learned trial Court vide order dated 9-4-2009 by observing that the petitioner has failed to produce any document showing residence of petitioner at Sukkur. This order was challenged in appeal before the learned District Judge, Sukkur and the appeal was entrusted to the Court of learned Additional District Judge, Sukkur who vide order dated 19-5-2009 dismissed the appeal and both the orders have been challenged before this Court in shape of the present petition.
2. ' Heard Mr. Mushtaque Ahmed Shahani learned counsel for the. Petitioner. Mr. Riaz Ahmed Soomro learned counsel for the respondent No.1 and Mr. Agha Athar Hussain Pathan A.A.-G.
3. ' According to learned counsel for the petitioner suit has been properly filed by the petitioner in the Court of learned Family Judge, Sukkur as according to rule 6 of West Pakistan Family Courts Rules, 1965 there are three conditions for filing of suit for dissolution of marriage or dower. The rule 6 of the said rules is reproduced as under:--- "6. The Court which shall have jurisdiction to try a suit will be that within the local limits of which.
(a) ..
(b) .
4. ' Provided that in suits for dissolution of marriage or dower, the Court within the local limits of which the wife ordinarily resides shall also have jurisdiction."
5. ' In support of his contention learned counsel for the petitioner has relied upon a case of Rafique Ahmed v. Judge Family Court 1996 CLC 1820 while Mr. Riaz Ahmed learned counsel for the respondent No.1 and Mr. Agha Athar Hussain Pathan learned A.A.-G. Support the orders of appellate Court and trial Court.
6. ' Since it is very much clear from the text as referred above, the suit for dissolution of marriage or dower can be filed within local limits A for which wife ordinarily resides and I agree with the observations given by Lahore High Court in the case of Rafiq Ahmed Vs. Judge Family Court as mentioned above. I therefore allow this constitutional petition set aside the impugned orders of Appellate Court and trial Court and remand the case to the trial Court viz. Family Judge Sukkur to proceed with the case in accordance with law.
7. C.P. No.S-594 of 2009 stands disposed of.